Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-08
PARTIsANsHIP AND THE LAW.

The first duty of the citizen to the State
in a Republic is to obey the laws. The
obligation to recognize the DEGREES of civil
government cannot be evaded without con-
sequent evil results. There are two posi-
tions the citizen may occupy: one in
which he is ohedient to the law as the sub
ject of a system of government he has
himself created, and one in which he is
the administrator Of the government, as
well as the subject of it. In this latter
and dual capacity, the legislator and of
fetal act. The obligation upon them to
obey the law is legally no greater than
upon any other citizens, but in the dis
charge of the functions of the offices of
representative or administrator, there is
moral incumbency upon them to set good
example in the matter of respecting the
laws they make or administer. These are
truisms, and there is no denial of them
possible. 1t is, therefore, not only with
regret, but with alarm, that the " subject
citizen-so to speak-observes on the part
of the Legislator "-citizen disposition
to avoid and defeat the law. Clearly such
manifestations have been witnessed al
ready in the present Legislature; in one
of the bodies notably, and in the joint
convention. These attempts to evade the
law, and in one case successfully so, are
justified only by the partisan advantage
gained. OF course such justification is in
itself revolutionary in character. Yet, in
his individual capacity, there is no one of
the members who would not resent the
charge that he is not law-abiding and
respecting citizen, and would probably be
justified in his Indignation. But this only
serves to illustrate how easily political
partisanship enables Il man to excuse his
political to his moral SELF When
the dominant party in the Senate attempts
to rise superior to the Constitution and the
laws, and invade the prerogative of an of.
licer of the people, it says to all citizens it
is right thing to do. TO override the law
to serve the party. When portion of
! the joint convention attempted to dictate
TO a constitutional officer that he must
do thus and so, and to direct him to
disregard plain provision of the organic
act-and a safe and wise one, not to be
broken down without endangering the
rights of men-it practically said to the
people, partisanship need not respect
the law" All such acts and attempts are
demoralizing; they are the natural result
of bad politics; their effect is to lessen
respect for legislation, and to encourage
the spirit of disrespect for the law. The
very best test of the truth of these conelu-
sions is to advance the hypothesis that the
returns from San Francisco were missing
when the Speaker began to canvass the
vote for Governor. In that case no one of
the gentlemen who held that the Speaker
might proceed. to publish the result
upon the returns he had received, would
have been found on that side of the oues-
ton. Or suppose the majority of that
Convention to have been Republican, does
any suppose for an instant that Demo-
Gratis would have advocated the doctrine
that the Convention could vote upon. de-
clare and publish, or compel the Speaker
TO publish such result SIS She body desired,
when the Constitution clearly vests the
power and right to canvass and publish in
the Speaker alone? The other day in the
Senate the presiding officer held that
under the law certain appointments of
subordinate officers or employees of the
body, were properly to be zaade by the
President of the Senate-that the
right to SO so is his By law.
This decision was overrule1 by a
strict partisan vote. 1t is sat even
supposable that had the partisan COM
plexion Of the President-elect aorre-
sponded to that of the majority, she
same result would hage followed on the
appeal from the decision of the Chair.
These cases illustrate the danger tbat
resides in the act of carrying part;sanism
into the realm Of legislative duty, simply to
gain party advantage. Where party stands
for an essential principle, and is to deter
mine grave policy in government, loyalty
to the party adhering to given doctrine is
to be expected. But when the law is put
aside and the partisan power exercised to
gain party advantage or make party capt.